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Can you open carry with an empty mag in the gun?

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  • sweetcaddy
    Member
    • Apr 2010
    • 140

    Can you open carry with an empty mag in the gun?

    1. I'm not going to open carry

    2. This is just a question, I know that it would cause more reason to be checked and drawed down on.

    3. You don't have to tell me this is a bad idea and not to open carry, I'm just asking a question.



    Can you open carry with a unloaded magazine in the firearm? No ammunition in or touching the mag or the gun?
  • #2
    Doheny
    I need a LIFE!!
    • Sep 2008
    • 13819

    I believe that's how most people do it (from the videos I've seen.)
    Sent from Free America

    Comment

    • #3
      manuelcardenas77
      Veteran Member
      • Aug 2009
      • 2512

      I believe thats how your supposed to. In California..

      Comment

      • #4
        lorax3
        Super Moderator
        CGN Contributor - Lifetime
        • Jan 2009
        • 4633

        Originally posted by sweetcaddy
        Can you open carry with a unloaded magazine in the firearm? No ammunition in or touching the mag or the gun?
        Yes.

        In fact if I were to open carry I would prefer having an empty magazine in the firearm as opposed to an empty magwell.

        This is a legal concern due to People. V Hale and not having to worry about accidental concealment of the magazine or not having a 'complete firearm'.
        You think you know, but you have no idea.

        The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

        Comment

        • #5
          asme
          Member
          • Jan 2010
          • 412

          A friend of mine open carried at Yosemite a few weeks back with no magazine in the gun and loaded mags in his pocket. When rangers had a chat with him on two separate occasions they told him they didn't "e" check him because there was no magazine in the gun.

          Now, one could lambaste the rangers for flawed logic, but still, one data point.

          Comment

          • #6
            bigian
            Member
            • Jan 2010
            • 126

            I'm not trying to sound dumb or sarcastic but what's the piont of carrying and displaying an unloaded hand gun?

            Comment

            • #7
              pontiacpratt
              Senior Member
              • Sep 2009
              • 1663

              Originally posted by bigian
              I'm not trying to sound dumb or sarcastic but what's the piont of carrying and displaying an unloaded hand gun?
              Especially with an empty mag in it... that just added another step to an already long process, and in the case you actually need a loaded weapon your still going to have to carry a loaded mag somewhere
              A mugger, even an armed one, can only make a successful living in a society where the state has granted him a force monopoly.
              -Marko Kloos

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              • #8
                Foriegn power
                Banned
                • Dec 2009
                • 1035

                bigian, you beat us all to it.

                Comment

                • #9
                  IXMM
                  Member
                  • Apr 2010
                  • 316

                  Originally posted by bigian
                  I'm not trying to sound dumb or sarcastic but what's the piont of carrying and displaying an unloaded hand gun?

                  scare the bears away?
                  Originally posted by samkaya
                  My Father-in-law understands the value of the .45, There is a reason why it came to be. I have been told that it was used to stop Asian Pacfic people that were too hard core for lighter weight bullets.

                  Comment

                  • #10
                    resident-shooter
                    Banned
                    • Sep 2009
                    • 2777

                    Originally posted by bigian
                    I'm not trying to sound dumb or sarcastic but what's the piont of carrying and displaying an unloaded hand gun?
                    We all thought it, but u said it

                    Comment

                    • #11
                      gotgunz
                      Senior Member
                      • Jan 2006
                      • 1972

                      Originally posted by bigian
                      I'm not trying to sound dumb or sarcastic but what's the piont of carrying and displaying an unloaded hand gun?
                      Originally posted by drider
                      bigian, you beat us all to it.
                      Originally posted by IXMM
                      scare the bears away?
                      Originally posted by resident-shooter
                      We all thought it, but u said it
                      All of these win!

                      Comment

                      • #12
                        juicemansam
                        Member
                        • Nov 2009
                        • 196

                        If I were to open carry, it would be with an empty magwell, with the slide held open, but that's thinking as a law-abiding slave in a slave state.

                        Comment

                        • #13
                          GM4spd
                          Calguns Addict
                          • May 2008
                          • 5682

                          Originally posted by bigian
                          I'm not trying to sound dumb or sarcastic but what's the piont of carrying and displaying an unloaded hand gun?
                          Keeps people from stealing your quarters at the laundromat. Pete

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                          • #14
                            evidens83
                            Calguns Addict
                            • Apr 2009
                            • 7839

                            Originally posted by bigian
                            I'm not trying to sound dumb or sarcastic but what's the piont of carrying and displaying an unloaded hand gun?
                            You said what we all were thinking
                            WTS 10/22 Lasermax laser CHEAP!!!

                            Comment

                            • #15
                              nukechaser
                              Member
                              • Jan 2009
                              • 195

                              Originally posted by bigian
                              I'm not trying to sound dumb or sarcastic but what's the piont of carrying and displaying an unloaded hand gun?
                              In CA, a firearm carried openly in a holster is not considered concealed. (PC 12025) So the point is that it is one way to carry if you do not have a CCW.

                              Also, bad guys don't know that your gun is unloaded if there is an empty magazine in the magazine well. But they DO know it if they can see a big, empty hole at the bottom of the grip. Plus, an empty mag keeps debris from possibly entering the mag well. It would suck to have to defend yourself and when you go to place a round into battery, your full magazine will not seat because of an obstruction in the mag well.

                              You may carry fully loaded magazines in magazine pouches on your belt, they just cannot be placed into a position from which they can be fired. (unless, of course, you're actually using it to lawfully defend yourself)

                              Most of this has been discussed at great length elsewhere in the CG forum. Just search for UOC, or check out http://www.californiaopencarry.org/C...aOpenCarry.pdf
                              "Dude, have you even read the Constitution?"
                              sigpic

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